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SVR Lawyers, Alberta, October 17, 2023 – In Pederson v. Allstate Insurance Company of Canada, 2023 ABKB 198, the plaintiff was injured in a rear-end motor vehicle accident, where the negligent operator fled the scene. The owner defendant alleged the vehicle was stolen prior to the accident (the “defendant”). Ultimately, the defendant’s insurance company, Allstate, denied coverage following a determination that the...
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Kelly Santini LLP, Ontario, October 17, 2023 – Kelly Santini’s Mitchell Kitagawa and Tor Potter recently achieved a successful result in a complicated insurance defence matter. Mitch and Tor represented a landlord that was being sued by a tenant who slipped and fell on ice at the front step of their row house. The lease stated that the tenant was responsible for snow removal from the front...
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Stein Monast, Quebec, October 03, 2023 – Any misrepresentation or concealment of facts concerning the risk to be insured can lead to nullity of the insurance policy[1], also known as nullity ab initio. However, in the case of deceitful representation of a loss, the consequence is forfeiture of the right to an insurance indemnity[2], although the insurance policy remains valid. In a...
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Blaney McMurtry LLP, Cox & Palmer, Lindsay LLP, British Columbia, New Brunswick, Ontario, September 28, 2023 – Across the country slip & fall are one of the most common claims made against insured businesses and their insurer. While these claims may seem straight-forward at first, there are many elements to each file that must be considered when evaluating risk and considering settlement potential. In this YRMC webinar for new claims handlers and...